High Court · 2025

W.P.(MD) No.20325 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 25.07.2025CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANANW.P.(MD) No.20325 of 2025S.Meenalochani... Petitioner/vs./1.The District Collector, Madurai District, Madurai.2.The Commissioner, Madurai Corporation, Tallakulam, Madurai.3.The Revenue Divisional Officer, Madurai, Madurai District.4.The Assistant Town Welfare Officer, Madurai Corporation, Madurai District.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent No.2 to issue Non-Availability Certificate to the Petitioner's daughter namely Hemalatha 1/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 2025Paulpandian under Form 10 of Section 17 of the Registration of Births and Deaths Act read with Rule 13 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 within the time period stipulated by this Court. For Petitioner: Mr.T.Aswin Raja Simman For R1 & R3: Mr.D.Ghandiraj Special Government Pleader For R2 & R4: Mrs.S.Devasena standing counsel ORDERMr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents 1 and 3 and Mrs.S.Devasena, learned standing counsel takes notice for the respondents 2 and 4. 2.This writ petition has been filed by the petitioner on behalf of her third daughter, who is currently residing in Belgium.3.The petitioner has approached this Court for a Mandamus to direct the second respondent to issue a non availability certificate to the petitioner's third daughter, namely, Hemalatha Paulpandian, in Form 10 under Section 17 of the Registration of Births and Deaths Act, 1969 (herein after referred to as Act). 2/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 20254.According to the petitioner, her third daughter was born on 02.05.1984. Since the birth certificate is required, the petitioner approached the respondents for issuance of a non availability certificate in terms of Rule 13 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 r/w Section 17 of the Act. 5.In this connection, the second respondent has issued a communication, dated 02.05.2025, to the petitioner, wherein the petitioner has been called upon to furnish the following details:-“1.gpwg;G gjptpy;yh rhd;W NfhUk; egUld; gpwe;j rNfhju> rNfhjupfspd; gpwg;G rhd;W efy;.2.gpwg;G epfo;e;jjhf Fwpg;gpl;Ls;s 1984 (or) mjw;F Kd;du; kDjhuupd; ngw;Nwhu; FbapUe;jjw;f;fhd Mtzk;.3.gpwg;G gjptpy;yh rhd;W NfhupAs;s Foe;ijapd; jha; xU kfg;NgW kUj;Jtu; vd;W kDTld; ,izj;Js;s gj;jpu efy; gb njupa tUfpwJ. gpwg;G (k) ,wg;G gjpTr; rl;lk; 1969-y; ,aw;wg;gl;L> 1970-y; ,Ue;J jkpo;ehl;by; eilKiwg; gLj;jg;gl;Ls;sJ. ,t;thW ,Uf;ifapy; xU kfg;NgW kUj;Jtu; vt;thW jd;Dila Foe;ijapd; gpwg;ig gjpT nra;ahky; ,Ue;jpUg;ghu; vd;gjw;f;fhd tpsf;fj;jpid rku;gpf;fTk;.”ie., the petitioner has been called upon to furnish the details of the birth certificate of the other two daughters of the petitioner, the place of birth of the 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 2025petitioner and to explain as to how the petitioner, who herself is a Physician (Gynecologist), could have been so careless in not registering the birth of the petitioner's third daughter.6.In response to the same, the petitioner, who is now aged about 80 years, has given an affidavit, dated 23.06.2025, wherein, she has stated that the petitioner has not obtained the birth certificate of any of the three daughters born to her and that the non availability certificate was required only for the petitioner's third daughter, who is now aged about 41 years and is residing in Belgium. 7.In the affidavit, it has been further stated that the petitioner herself was born in Madurai and that she has completed her Diploma in Gynecology. The petitioner's husband was an Auditor and both of them were busy and that the petitioner's third daughter was born on 02.05.1984 in the place, where, the petitioner had purchased the land along with her husband and had proposed to put up a Clinic, which was eventually put up in 1994 and the birth of the petitioner's third daughter, Hemalatha Paulpandian was at the site and not in the hospital. 4/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 20258.Relevant portion of the affidavit of the petitioner, dated 23.06.2025, reads as under:-“ehq;fs; ,g;NghJ FbapUf;Fk; tPL fle;j 1994-k; Mz;L thq;fg;gl;lJ. ehq;fs; fhypahf ,Ue;j me;j ,lj;ij thq;fp kUj;Jtkid fl;l epidj;jpUe;Njhk;. mg;gbahf 1984-k; Mz;by; me;j ,lj;ij ghu;itapl nrd;wNghJ jpBnud gpurtk; Vw;gl;lJ. me;jg; gpurtk; tPl;L Kiw (Home Delivery) Kiwapy; eilngw;W vdJ %d;whtJ kfs; N`kh yjh gpwe;jhu;. mjd; gpd; 10 Mz;Lfs;> mjhtJ 1994-k; Mz;L me;j ,lj;ij thq;fp tPL fl;bNdhk;. tPl;bd; xU gFjpapy; jw;NghJ vdJ fztu; Mbl;lu; mYtyfk; elj;jp tUfpwhu;. ,jpy; ehq;fs; ,lk; thq;fpa egu; jw;NghJ ,y;iy> vdf;F gpurtk; ele;j NghJ vdf;F vg;NghJk; cjtpahf ,Ue;j nrtpapyUk; jw;NghJ ,y;iy. gpwe;j gpd; Foe;ijf;fhd gpwg;Gr; rhd;wpjo; ngWtjw;fhd eltbf;iffs; vLf;f ,ayhky; NghdJ. ehd; njhlu;r;rpahf kUj;Jtg; gzpfspy; <Lgl;bUe;Njd; kw;Wk; vd; fztu; mbf;fb gazq;fspy; ,Ug;gjhy;> cupa Neuj;jpy; gjpT nra;a Kbatpy;iy. ehd; Nkw;nrhd;d midj;J tpraq;fSk; cz;ik. taJ Kjpu;r;rp fhuzkhf vdJ %j;j kfs; tpj;ah Njtp %yk; vdJ 3-tJ kfSf;F gpwg;G rhd;wpjo; juf; Nfhup tpz;zg;gpj;Njhk;. Tprhuizf;F Neupy; mioj;jhYk; tuj; jauhf cs;Nsd;. Vw;fdNt gP.gP Fsk; mYtyfj;jpy; ,Ue;J te;J mjpfhhpaplk; Mtzq;fs; rkh;gpj;Js;Nshk;.”9.The learned standing counsel for the respondents 2 and 4 would submit that none of the requirements that have been called for by the second respondent, vide communication, dated 02.05.2025, has been answered back. 5/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 202510.It is submitted that the petitioner has to further follow the procedure prescribed under Rule 13 of the Tamil Nadu Registration of Births and Deaths Rules, 2000. Specifically, it is submitted that the petitioner has to pay necessary fees and follow the procedure prescribed under the aforesaid Rules.11.Having considered the submissions made by the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 3 and the learned standing counsel for the respondents 2 and 4, I see no impediment in directing the second respondent to issue the non availability certificate to the petitioner in terms of Rule 13(3) of the Tamil Nadu Registration of Births and Deaths Rules, 2000, in Form 10, as there are other documents ie., the Mark Sheets (Matriculation Examination Certificate), Higher Secondary Course certificate, Passport, Aadhar card, PAN Card issued by the Income Tax Department, to indicate that the petitioner's third daughter's date of birth is 02.05.1984. 12.Unless, there is an attempt of the petitioner for the petitioner's daughter 6/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 2025to obtain an incorrect certificate giving wrong particulars, the non availability certificate contemplated under Rule 13(3) of the Tamil Nadu Registration of Births and Deaths Rules, 2000, cannot be denied. 13.Under these circumstances, the second respondent is directed to issue the non availability certificate to the petitioner's third daughter, namely Hemalatha Paulpandian in Form 10 within a period of six weeks from the date of receipt of a copy of this order. 14.With the aforesaid directions, the Writ Petition stands disposed of. No costs. Index :Yes / No25.07.2025Internet:Yes / NommTo1.The District Collector, Madurai District, Madurai.2.The Revenue Divisional Officer, Madurai, Madurai District.7/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 20258/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.20325 of 2025C.SARAVANAN, J. mmW.P.(MD) No.20325 of 202525.07.20259/9